[HISTORY: Adopted by the Town Board of the Town of Hamburg 12-12-2005
by L.L. No. 5-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking Code — See Ch. 185.
Traffic regulations for shopping centers and other areas of assembly — See Ch. 210.
Storage trailers — See Ch. 225.
Vehicles and traffic — See Ch. 265.
Zoning — See Ch. 280.
[1]
Editor's Note: This local law also superseded former Ch. 145,
Junk Vehicles, adopted 6-27-1994 by L.L. No. 6-1994.
This chapter is intended to promote the health, safety and general welfare
of the community, including the protection and preservation of property of
the Town and its residents, by prohibiting the storage of junk vehicles (abandoned
or discarded motor vehicles) on both public and private property within the
Town of Hamburg.
As used in this chapter, the following will have the meanings indicated:
A permanent structure with walls and roof, having fixed location
and with a completely enclosed exterior envelope that conceals visibility
of its interior, such as an attached or detached garage, commercial warehouse
or barn. Tarpaulins, temporary framed tents or similar means to cover a junk
vehicle are not construed as a building enclosure. In addition, the building
must comply with the following criteria:
A period of time exceeding 30 days in duration from the date on which
the violation is verified by the Code Enforcement Department.
Any abandoned, inoperable and/or discarded motor vehicle originally
licensed or registered to be legally operated on public streets and thoroughfares.
The definition of a vehicle includes automobiles, trucks, recreational vehicles,
utility and boat trailers left in a state of disuse, neglect or abandonment.
Evidence that a vehicle is "abandoned, inoperable and/or discarded" may include
any one or a combination of the following factors:
The vehicle being wrecked.
The vehicle being inoperative, as evidenced by vegetation underneath
as high as the vehicle body or frame; refuse or debris collected underneath;
or the vehicle being used solely for storage purposes;
The vehicle being partially dismantled, having no engine, transmission
or other major and visible parts;
The vehicle being incapable of functioning as a means of transportation
in its present state, or being not capable of safe operation under its own
power in the manner in which it was originally intended to move;
The vehicle having only nominal salvage value;
The vehicle being without a valid and current license plate and/or an
inspection sticker properly affixed;
A vehicle with one or more flat tires and/or with the tires or wheels
partially embedded in the ground upon which it rests.
Any individual, property owner, tenant, agent legally associated
with a property, firm, sole proprietorship, partnership, corporation, or unincorporated
association. This definition includes any individual who is legally the owner
of the junk vehicle, as evidenced by the name listed on the registration of
the vehicle and/or according to Department of Motor Vehicles records.
Any real property which is owned by any person, as defined herein,
including but not limited to open space, yards, grounds, driveways, entrances
or passageways, parking areas, storage areas, or vacant land.
Any road, street, alley, highway, public right-of-way or easement,
park and other property that is not considered private property.
The provisions of this chapter apply to all private and public property
within the corporate limits of the Town regardless of zoning designation.
The presence of such vehicles or related parts is declared a public
nuisance that, once recognized, may be abated in accordance with the provisions
of this chapter.
A.
No person shall discard or abandon a junk vehicle (or
any part thereof) on public property, within the Town of Hamburg.
B.
No person shall discard, abandon or otherwise permit
the storage of a junk vehicle (or any part thereof) for an extended period
of time on private property, within the Town of Hamburg.
The following are exceptions to the restrictions of this chapter:
A.
Any vehicle stored completely within the confines of
a building enclosure in such a manner as to conceal it from any point of visibility;
or
B.
Any vehicle parked or stored within a lawfully established
salvage yard, junkyard, wrecking or other establishment which is legally licensed
and zoned for the operation of such types of business and which fully complies
with all federal, state and local laws and regulations pertaining to the operation
of such business; or
C.
A vehicle that is under repair by the owners thereof
who must actually be residing on noted private property or premises. Not more
than one such vehicle shall be permitted at any one time on any premises.
Such vehicle must be so maintained and protected as to not create any safety
hazard or nuisance to surrounding property owners and shall not remain on
the premises for a period in excess of one month; or
D.
A vehicle which is temporarily stored on the premises
of a commercial garage, motor vehicle service station, automotive repair facility,
collision or body repair shop that exists in full compliance with Town zoning
regulations while awaiting repair or servicing at such place of business.
Not more than three such vehicles shall be permitted to be stored on any such
premises at any one time. Temporary storage is defined as no more than 30
consecutive days.
A.
The Town Police and Code Enforcement Department shall
have jurisdiction to inspect, determine and cite the alleged junk vehicle
violations.
B.
No person shall oppose, obstruct or resist any enforcement
officer or any person authorized by the Town in the discharge of his or her
duties, as provided by this chapter.
C.
There shall be no liability for reasonable, good faith
trespass by the enforcement officer.
D.
Any Code Enforcement Officer or any person authorized
by the Town shall be immune to prosecution, civil or criminal, for reasonable,
good faith trespass upon private property while in the discharge of duties
imposed by this chapter.
The owner, tenant, occupant, lessee or person otherwise in charge, control
and/or possession of private property where a violation of this chapter occurs,
and the owner of the vehicle which is parked, stored or abandoned in violation
of this chapter, shall be jointly and individually responsible for not complying
with the provisions of this chapter.
Upon confirmation of a junk vehicle violation on private property, the
enforcement officer shall serve notice to the owner, owners, executors, legal
representatives or agents of any person having ownership of or vested interest
in the property (as shown on the Town's most recent assessment roll)
on which the junk vehicle is located. If no such person can be reasonably
found, by mailing to such owner, by registered mail, a copy of such notice
will be directed to his/her last known address.
A.
A notice pertaining to the junk vehicle on public property
shall be securely attached to a conspicuous location on the subject vehicle
in the following form:
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****WARNING****
|
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THIS VEHICLE MAY BE TOWED, IMPOUNDED OR DISPOSED AT THE OWNER'S
EXPENSE IF IT IS NOT REMOVED WITHIN 48 HOURS
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B.
If at the end of 48 hours after posting such notice the owner
of the junk vehicle described in the notice has not removed the vehicle from
public property or shown reasonable cause for failure to do so, the enforcement
officer may charge the owner, if known, with a Code violation and cause the
junk vehicle to be removed and disposed of. The total cost of towing, impoundment
and/or disposal shall be levied against the last registered owner of the vehicle.
Any alleged violation of any of the provisions of this code may be pursued
by appropriate remedy, whether by injunctive, declaratory or other civil relief
or criminal sanction, in court at the option of the Town.
A.
If the owner has not removed and/or disposed of the junk
vehicle or has not otherwise abated the violation so as to fully comply with
the provisions of this chapter within 10 days of the date the notice was issued,
it will be declared an offense and subject to the following penalties. In
situations where more than one junk vehicle is found to occupy the property,
each vehicle unit shall constitute a separate offense.
B.
Any person permitting any junk vehicle to remain, or
to be parked, stored or abandoned on his/her property as defined in the provisions
of this code shall be, upon conviction, punishable by a fine of no less than
$50 but not more than $100 for each violation. Should the violation persist
after the initial fine is levied, an additional penalty (minimum $50/ maximum
$100) will be assessed for every week thereafter until the violation is abated.
This chapter shall become effective immediately upon its enactment by
the Town Board, after proper filing with the offices of the State Comptroller
and the Secretary of State.
